SC clarifies applicability of its ruling on charitable trust; matters decided against Revenue are final

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charitable trust

Case Details: ACIT v. Ahmedabad Urban Development Authority - [2022] 144 taxmann.com 78 (SC)

Judiciary and Counsel Details

    • Uday Umesh Lalit, CJI, S. Ravindra Bhat & Pamidighantam Sri Narasimha, JJ.

Facts of the Case

The Supreme Court of India has clarified the applicability of its ruling delivered in the case of Ahmedabad Urban Development Authority [2022] 143 taxmann.com 278 (SC) on past and future assessments.

Supreme Court Held

The Court, in said case, had considered and pronounced judgment upon the interpretation of Section 2(15) of the Income Tax Act, 1961, in relation to charitable trusts which engage in activities that further object to general public utility.

With reference to the application of the law declared in the case of Ahmedabad Urban Development Authority (Supra), the Apex Court held that in case the appeals were decided against the revenue, they are to be treated as final.

However, in relation to the reference to the future application, the concerned authorities will apply the law declared in the judgment, having regard to the facts of each such assessment year.

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